News & Insights

Research, training and international collaborations

De Luca & Partners’ Think Tank manages and coordinates research, training (internal and external) and editorial activities on labour law matters, protection of personal data and administrative liability of entities.

De Luca & Partners invests in researching and disseminating Employment Law material and for this reason collaborates with Il Sole 24 Ore and with the main employment law publications.

ALL NEWS AND INSIGHTS

3 December 2018 • Insights

A dismissal due to elapsing of the grace period must be prompt (Il Quotidiano del Lavoro de Il Sole 24 Ore, 3 December 2018 – Alberto De Luca, Luciano Vella)

Dismissal ordered due to elapsing of the grace period must be ordered without delay. This was the ruling of the Court of Cassation with judgement no. 29402 dated 15 November 2018. The legal proceedings originated from the legal action brought forth after a dismissal ordered for elapsing of the sick leave grace period established by ....

29 November 2018 • Insights

2019 Budget law: new developments regarding labour and pensions

The draft 2019 Budget law was checked and approved by the State General Accounting Office on 31 October 2018 and – following the Chamber of Deputies’ publication of a package of amendments on 12 November 2018 – is now awaiting final approval by the Parliament.   The analysis of the checked and approved draft – ....

29 November 2018 • Insights

DO YOU KNOW THAT… the operative part of the judgment ruling that “increasing severance indemnity” is constitutionally unlawful has now been issued?

In the operative part of judgment 194/2018 issued on 8 November 2018, the Constitutional Court has ruled that art. 3, paragraph 1, of Legislative Decree 23/2015 (governing open-ended employment contracts with increasing protections) is constitutionally unlawful when it links the amount of severance indemnity (for that part not modified by the Dignity Decree) payable to ....

29 November 2018 • Insights

Dignity Decree: initial clarifications of the Ministry of Labour

In its circular No. 17 of 31 October 2018, the Ministry of Labour has provided the first operational instructions on the application of Decree Law No. 87 of 12 July 2018, now converted into Law No. 96 of 9 August 2018 (“Dignity Decree”) a) New rules for fixed-term contracts First of all, the circular has ....

29 November 2018 • Insights

Commission accrued by a “coordinator” agent should not to be included in the calculation of the termination indemnity payable under agency agreements

By means of judgment No. 25740 of 15 October 2018, the Court of Cassation has established the important principle that commission accrued by a “coordinator” agent, meaning an agent whose commission is based on the commission earned by the sales network he/she coordinates, should not to be taken into account in the calculation of the ....

29 November 2018 • Insights

Data Processing Register and Impact Assessment: clarifications provided by the Data Protection Authority

Last October, the Data Protection Authority provided a range of significant clarifications on two of the main requirements – extremely important aspects of accountability – introduced with European Regulation 679/2016 on data protection and privacy (“Regulation”): (i)            the Data Processing Register, in response to the FAQs published on 8 October on the Data Protection Authority’s ....

29 November 2018 • Insights

Whistleblowing: the Italian Official Gazette publishes the rules for imposing penalties (Il Quotidiano del Lavoro de Il Sole 24 Ore, 21 November 2018 – Elena Cannone, Antonella Iacobellis)

Almost a year on from the entry into force of Law 179/2017 on whistleblowing, the aim of which is to protect employees reporting offences or irregularities of which they became aware in connection with their work, the resolution of the National Anti-Corruption Authority (“ANAC”) no. 1033 of 30 October 2018 was published in the Official ....

29 November 2018 • Insights

When is dismissing an employee on sick leave lawful?

In its judgment No. 27656 of 30 October 2018, the Court of Cassation has again addressed the matter of employees who do other work whilst on sick leave. The Facts An employee who was involved in an accident in the workplace and was prescribed a rest period of 15 days using medical supports and ice ....